Buying Property in Spain 2026: Okupas, Legal Risks & What Foreign Buyers Actually Need to Know
Buying property in Spain still makes total financial and lifestyle sense for thousands of people every year. The Mediterranean climate, prices that look like a bargain compared to northern Europe, and clear pathways to residency through investment all make Spain a compelling destination. There are few better places to retire than a region where daily life unfolds at a genuinely human pace.
But every expat forum eventually circles back to the same anxious topic: what about okupas? Can squatters really just walk into a property and change the locks? Are buyers going to lose their life savings to some archaic legal loophole?
We have spent the last year helping friends navigate these property minefields, dealing with due diligence on coastal apartments and inland villages, and talking to lawyers across three different autonomous communities. What we found is that while the okupa discourse dominates expat conversations, actual Spanish homeowners barely give it a second thought. The reality is far more nuanced than the panic. Most risks are entirely manageable once you understand how the system actually works. Not sure which part of Spain suits your lifestyle? Our life assessment tool can help you find the right region.
Okupas in Spain: Separating the Reality from the Hysteria
The okupa phenomenon terrifies foreign buyers in a way that often puzzles the locals. Yes, it exists. No, it is not the epidemic that expat forums suggest.
What "Okupa" Actually Means in Practice
There are three distinct situations that people often lump together, but the law treats them very differently:
- Squatting in Empty Properties: The classic scenario. People occupy a vacant property, usually targeting bank-owned foreclosures, properties in legal limbo, or second homes that have not been checked in years.
- Delinquent Tenants (Inquilinos Morosos): These are not actually okupas. They started as legitimate renters but stopped paying. This is a civil rental dispute, but many owners conflate it with squatting.
- Social Cases: Vulnerable families or elderly residents. Spanish law tries to balance property rights against social welfare, which can slow evictions when children are involved.
If you are buying a primary residence where you plan to live most of the year, your risk is essentially zero. Okupas almost never target inhabited homes because that constitutes breaking and entering, a criminal offense that allows the police to act immediately.
Geographic Risk Factors
Where you buy matters significantly. High-pressure housing markets like Barcelona or certain Madrid suburbs have higher recorded incidents. In small towns where everyone knows your business, or in gated communities with 24-hour security, the problem is virtually unheard of.
What Happens if Your Property is Occupied?
If the worst happens, the clock is your biggest enemy. If you discover an occupation within the first 48 to 72 hours, the police can usually intervene as a criminal matter and remove the occupants immediately. You will need your ownership documents and utility contracts ready to prove rightful ownership.
Once that window closes, it becomes a civil dispute and you enter the standard legal process:
- The Timeline: Recent reforms in 2026 have tried to speed this up. An "express eviction" (desahucio exprés) can take 1 to 3 months if the paperwork is complete and correct.
- The Costs: Budget between €2,000 and €5,000 for lawyer fees and court costs. It is an annoying expense but the price of a legal resolution in a functioning system.
Protecting Your Investment: Practical Prevention
Prevention beats a courtroom battle every time. Once occupants are inside, you are at the mercy of the courts. The goal is to keep them out from the start.
High-Value Security Measures
- Reinforced Doors (Puertas Acorazadas): Standard in Spanish apartments for a reason. They cost between €600 and €1,500 and are nearly impossible to force open without specialized tools.
- Alarm Systems: A system connected to a monitoring service is essential. When an alarm triggers, police are notified instantly, keeping the situation inside the 48-hour criminal response window.
- Neighbor Networks: Introduce yourselves and leave your contact number. Spanish neighbors are notoriously observant, and they have no interest in okupas in their building either.
The Debts You Can Actually Inherit
While everyone worries about squatters, the real danger we see most often is inherited debt. In Spain, certain debts are attached to the property itself, not the individual seller.
- Community Fees (Gastos de Comunidad): If the previous owner stopped paying pool maintenance or elevator costs, that debt transfers to you the moment you sign the deed.
- Property Tax (IBI): Unpaid municipal property taxes stay with the house, not the seller.
- Registry Check (Nota Simple): This document costs around €10 and shows exactly who owns the property and whether any mortgages or liens are outstanding. Never buy without a fresh Nota Simple.
The Notary vs. The Independent Lawyer
This is where many English-speaking buyers get caught out. In Spain, the notary (Notario) is a public official. They verify that signatures are authentic and taxes are paid, but they are not your advocate. They will not tell you if the house is a bad investment or if the roof needs replacing.
Always hire an independent lawyer. For a fee of €1,500 to €3,000, they will conduct the actual due diligence: checking for illegal construction, verifying community debts, and confirming the seller is not concealing a major tax liability. If you are considering renting in Spain before buying, that period also gives you time to find a trusted legal advisor in the area.
Annual Costs: The Holding Reality
Buying the property is only the first step. Owning in Spain creates recurring costs that need to be budgeted for year on year:
- IBI (Property Tax): Typically €300 to €1,500 per year, depending on the municipality and property value.
- Non-Resident Tax: If you do not live in Spain full-time, you owe a small annual tax on the notional benefit of owning the property.
- Community Fees: These range from €50 per month for a basic building to €500 per month for a luxury complex with full amenities and concierge service.
The Bottom Line
The Spanish property market is not a lawless frontier, but it is not a frictionless process either. The buyers who struggle are almost always those who try to cut corners or apply the assumptions of their home country to a Spanish transaction.
Use a qualified independent lawyer, verify every debt through the property registry, and install a decent alarm system. Your risk exposure drops dramatically with those three steps in place. Read our guide to the honest pros and cons of moving to Spain for the full picture of life as a foreign resident. Not sure which part of Spain suits you best? Our life assessment tool matches you to the right region based on your actual priorities.